I'm not convinced by the argument put forward here.
Yes, other peers will still attempt to open connections when there is packet loss. It dosn't matter. The bandwidth used by a few SYN SYN-ACK packets is insignificant.
"Packet drop applies back-pressure to conventional TCP sessions, but it does nothing to the data queued inside Comcast users' cable modems"
This is simply wrong. If there is enough packet loss the computers IP stack will send less data so there will be less in the cable modem's buffer.
Cable modem's don't have infinte upstream bandwidth. When someone on cable sends a big email the computer figures out how fast it can send by increasing the speed until it hits the limit imposed by the cable modem and packets start getting dropped.
Dropping packets to control bittorrent is just the same as setting a lower upstream limit.
The whole problem is fundametally because the cable companys in question don't want to be honest with their customers. The should just tell their customers that heavy users will have their upload speed limits set lower at peak times because of the limits of their infrastructure.